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He only filed my tax returns, and misrepresented to the trustee when he emailed them. The docs were supposed to be filed using something called a DocuLink? Not sure of the spelling. I'm in the Eastern Distrcit of California. Is it possible to change attorneys midstream? Should I even be... View More
answered on Jan 24, 2014
These types of thing sometimes happen. As long as the Trustee gets the stuff by the continued meeting this should not be an ongoing problem. Getting a new attorney for a prefiled case can be a complication, as most attorney do not like getting involved with such and those that do are more... View More
answered on Jan 24, 2014
If you have an attorney, he/she should know prior to filing. If you were advise of the possibility or didn't have an attorney, then you would know by the Meeting of Creditors if the Trustee has any issues. Short of not passing the Means Test or filing too soon after a prior case, most other... View More
answered on Jan 24, 2014
If you can afford the Plan Payments, a Chapter 13 will allow you to keep your home.
The discharge was given but because of a motion to avoid a lien the case is still open but will probably be closed in a week. I have a quiet title case including fraud with my current lender and other possible related predatory lending violations
answered on Jan 24, 2014
Any causes of action arising prior to the filing of a Bky case must be listed in the Petition and specifically abandoned by the Trustee, for the Debtor to subsequently pursue the matter. If it was not, you should reopen the Bky to include it.
answered on Jan 24, 2014
The final judgment can be included; however, if the action is prejudgment it may not generally be stayed.
answered on Jan 24, 2014
Unless there is unexempt property usually a Creditor doesn't receive payment. Even when something is unexempt and administered, Creditors generally only get pennys on the dollar. Unless you can show some fraud in the granting of the loan, the most you can do is file a Proof of Claim and pray.
answered on Jan 24, 2014
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.
www.dont-sweat-the-debt.com
I filed for Chapter 13 August 31st, and I have a confirmation court date this month. When I filed I wasn't planning on retiring. However, my company just offered an incentive to retire, and I have decided to retire February 1st, 2013 (I'm 66). Subsequently, I filed for my Social Security.... View More
answered on Jan 24, 2014
The drafting of a Plan is generally the Debtor's duty. Though SS is not used as part of the Means Test, it can be used to fund a Plan.
How do I list the property? Do i claim that the house is mine if the loan is not in my name. Schedule A
answered on Jan 24, 2014
You own the property, she merely has a lien. The property would be listed on Sch A and the loan on Sch D. Unless you can show property documentation and a regular payments history, the Trustee may have a problem with the situation.
answered on Jan 24, 2014
Fees vary case to case based upon the amount of work required. In the South Florida area chapter 7 cases generally start at $1,500 for an experienced Bky atty. Some attorneys, like myself offer specials and discounts. The Filing fee in our area is $305. If you cannot afford such a fee, you... View More
answered on Jan 24, 2014
This is not a Bky Question, however if it is a term of the lease yes.
answered on Jan 24, 2014
Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More
Filed BK in 2008, did not include home in BK. Mortgages show up on my credit ratings as if they were included in BK and show a zero balance along with Bad mark for BK. Still paying on both 1st & 2nd loans and are current but I cannot get the credit agency or Mortgage Co. to correct problem. The... View More
answered on Jan 24, 2014
When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.
answered on Jan 24, 2014
If you did not reaffirm the Mortgage, yes it can be Discharged. However, you can subsequently enter into an agreement post-discharge, if the lender is willing. This is frequently how Modifications operate.
answered on Jan 24, 2014
If you were a party of the action, you should received a copy via mail. Alternatively, you can Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.
The business is located in Downey, CA
answered on Jan 24, 2014
Sign up for pacer, it is a free govt svs, as long as you use less than $15 a calender quarter. Then sign on at the District Court's Bky Site for the specific district and preform a search.
answered on Nov 8, 2013
Consider hiring an investigator to discover your mother's irrevocable bank trust. Check county records, if one is recorded.
Consult with an attorney to explore the possibility of discovering assets.
answered on Nov 8, 2013
Do you mean adversary complaint against the debtor for non-dischargeability of claim. ON the hearing notice , 341(a) meeting, there is usually deadline to file complaint for dischargeability of claim.
I would recommend contacting an attorney to seek case specific advise at your earliest.
Was forced to walk away from my home in 2009. Bank didn't finish foreclosure until 2013. Property was sold to new oner. Now HOA is coming after me for past due fees for three years. Shouldn't that have been taken care of when the bank sold the property?
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